An auto shop owner accused of leaving a pistol in his office that a 10-year-old used to fatally shoot himself last week had previously taken the gun away from the boy during another visit to the business, prosecutors said.

During 32-year-old Milton Almanza's arraignment, Assistant Harris County District Attorney Sunni Mitchell said the boy had found the gun on a desk in Almanza's office once before.

Almanza was charged Saturday with making a firearm accessible to a child, a misdemeanor punishable by a year in jail.

A recording of the magistrate's hearing, released Tuesday, shows that Almanza told police he caught Kenneth Govea with the .25 caliber pistol once before.

During the arraignment, Mitchell said the gun was on top the desk, not in a drawer.

Police said the boy and his 5-year-old sister were left alone in the office of the north Houston car repair shop on Friday while their mother, a regular customer, spoke to Almanza.

Almanza's attorney, Herman Martinez, said he is investigating exactly where the gun was and who knew the boy and his sister were alone in the office.

He said Almanza is depressed about the shooting and confused about being arrested.

"Obviously, he never intended for anything like this to happen," Martinez said.

Almanza remains in the Harris County Jail in lieu of $7,500 bail. U.S. Immigration and Customs Enforcement has also placed an immigration hold on the Mexican citizen. The hold means that if Almanza makes bail, he is supposed to be picked up by ICE agents and held at a federal detention center while his immigration status is investigated.